Poll: Constitution should decide gay marriage

A new poll puts support for same-sex marriage at 50 percent, with even more Americans saying the issue ought to be decided based on the federal Constitution — not state laws.

Fifty-percent of American voters support same-sex marriage, while 41 percent oppose it and the remaining 9 percent are unsure or did not answer, according to a Quinnipiac University Polling Institute survey released on Thursday. It’s the first time support has reached the 50 percent threshold for Quinnipiac.

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Meanwhile, 56 percent of voters say the Constitution and not state laws should determine the legality of same-sex marriage, putting the public at odds with some lawmakers who say it should be left up to the states to decide gay marriage.

Support for same-sex marriage increased by 3 percentage points compared with a March 8 Quinnipiac survey when support was at 47 percent. And it’s a staggering change in public opinion from 2008 — when a Quinnipiac poll found that Americans opposed same-sex marriage 55 percent to 36 percent.

The Supreme Court is expected to rule on two cases in the coming months: one which determines the legality of a same-sex marriage ban in California and the other determining the constitutionality of the federal law Defense of Marriage Act.

Pollsters surveyed 1,711 registered voters from March 26 to April 1, and it has a margin of error of plus or minus 2.4 percentage points.